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Vol. 139, No. 19 — September 21, 2005
Registration
SOR/2005-258 August 31, 2005
CUSTOMS TARIFF
Regulations Amending the Non-residents' Temporary Importation of Baggage and Conveyances Regulations
P.C. 2005-1499 August 31, 2005
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to paragraph 133(b) and subparagraph 133(e)(ii) of the Customs Tariff (see footnote a), hereby makes the annexed Regulations Amending the Non-residents' Temporary Importation of Baggage and Conveyances Regulations.
REGULATIONS AMENDING THE NON-RESIDENTS' TEMPORARY IMPORTATION OF BAGGAGE AND CONVEYANCES REGULATIONS
AMENDMENTS
1. (1) The definition "resident" in section 2 of the English version of the Non-residents' Temporary Importation of Baggage and Conveyances Regulations (see footnote 1) is replaced by the following:
"resident" means a person who, in the settled routine of that person's life, makes their home, resides and is ordinarily present in Canada; (résident)
(2) Subparagraph (a)(iii) of the definition "temporary resident" in section 2 of the Regulations is replaced by the following:
(iii) performing preclearance activities on behalf of the Government of the United States under the terms of the Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America, signed January 18, 2001,
(3) Paragraphs (b) and (c) of the definition "temporary resident" in section 2 of the Regulations are replaced by the following:
(b) the spouse or common-law partner or any dependant of a person described in subparagraph (a)(i) or (ii), and
(c) the spouse or common-law partner or any dependant of a person described in subparagraph (a)(iii); (résident temporaire)
(4) Section 2 of the Regulations is amended by adding the following in alphabetical order:
"common-law partner", in respect of a person, means an individual who is the common-law partner of the person within the meaning of subsection 248(1) of the Income Tax Act; (conjoint de fait)
2. Subparagraph 3(d)(i) of the Regulations is replaced by the following:
(i) that are imported by a person described in subparagraph (a)(i) or (ii) or paragraph (b) of the definition "temporary resident" in section 2, they accompany that person at the time when that person initially arrives in Canada,
3. (1) Paragraph 4(1)(a) of the Regulations is replaced by the following:
(a) 1.5 L of wine, or 1.14 L of spirits, or 1.14 L of wine and spirits, or 8.5 L of beer or ale;
(2) Subsection 4(2) of the Regulations is replaced by the following:
(2) If a person described in subparagraph (a)(iii) or paragraph (c) of the definition "temporary resident" in section 2 has been absent from Canada for not less than 48 hours, the baggage that that person may import under tariff item No. 9803.00.00 does not include alcoholic beverages or tobacco products.
4. Paragraphs 5(1)(b) to (d) of the Regulations are replaced by the following:
(b) if they are imported by a person described in subparagraph (a)(i) of the definition "temporary resident" in section 2, or by the spouse, common-law partner or dependant of that person, until the day on which that person completes their studies at an educational institution;
(c) if they are imported by a person described in subparagraph (a)(ii) of the definition "temporary resident" in section 2, or by the spouse, common-law partner or dependant of that person, until the earlier of
(i) the day on which that person completes their employment in Canada, and
(ii) 36 months after the day on which that person arrives in Canada; and
(d) if they are imported by a person described in subparagraph (a)(iii) or paragraph (c) of the definition "temporary resident" in section 2, until the day on which the person described in subparagraph (a)(iii) completes their employment in Canada with the Government of the United States.
COMING INTO FORCE
5. These Regulations come into force on the day on which they are registered.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2005-257, Definition of "Settler" for the Purpose of Tariff Item No. 9807.00.00 Regulations.
S.C. 1997, c. 36
SOR/87-720
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